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2022 Supreme(P&H) 82

VIKAS BAHL
Vidya Devi – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appellant : Mr. Ghulam Nabi Malik.
For the Respondent: Mr. Sarabjit S. Cheema, AAG, Punjab.

JUDGMENT :

Vikas Bahl, J.

1. Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No.9 dated 20.01.2022 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as “the NDPS Act”) (Sections 29, 61 of the NDPS Act have been added later on) at Police Station Sadar Ahmedgarh, District Malerkotla.

2. Learned counsel for the petitioner has submitted that in the present case, no recovery has been effected from the petitioner. The petitioner is stated to be 64 years old lady and it has been argued that she has been falsely implicated only on account of the fact that recovery of 1012 loose intoxicant capsules has been effected from her son-in-law Kuldeep Ram who was apprehended by the police. It is further submitted that the petitioner has been implicated in the case solely on the basis of disclosure statement of co-accused. He has relied upon the judgment passed by the Hon'ble Supreme Court in Tofan Singh Vs. State of Tamil Nadu, reported as 2021(1) RCR (Criminal) 1, an order passed by Coordinate Bench of this Court dated 17.06.2020 in CRM-M-12051-2020 titled “Mewa Singh Vs. State of Punjab”, and

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